A57975:494
Lex, Rex
Lex, rex The law and the prince : a dispute for the just prerogative of king and people : containing the reasons and causes of the most necessary defensive wars of the kingdom of Scotland and of their expedition for the aid and help of their dear brethren of England : in which their innocency is asserted and a full answer is given to a seditious pamphlet entitled Sacro-sancta regum majestas, or, The sacred and royal prerogative of Christian kings, under the name of J. A. but penned by Jo. Maxwell the excommunicate P. Prelate. : with a scriptural confutation of the ruinous grounds of W. Barclay, H. Grotius, H. Arnisœus, Ant. de Domi P. Bishop of Spalata, and of other late anti-magistratical royalists, as the author of Ossorianum, D. Fern, E. Symmons, the doctors of Aberdeen, &c. : in XLIV questions.Lex, rex The law and the prince : a dispute for the just prerogative of king and people : containing the reasons and causes of the most necessary defensive wars of the kingdom of Scotland and of their expedition for the ayd and help of their dear brethren of England : in which their innocency is asserted and a full answer is given to a seditious pamphlet intituled Sacro-sancta regum majestas, or, The sacred and royall prerogative of Christian kings, under the name of J. A. but penned by Jo. Maxwell the excommunicate P. Prelat. : with a scripturall confutation of the ruinous grounds of W. Barclay, H. Grotius, H. Arnisœus, Ant. de Domi P. Bishop of Spalata, and of other late anti-magistratical royalists, as the author of Ossorianum, D. Fern, E. Symmons, the doctors of Aberdeen, &c. : in XLIV questions.
London: printed for John Field, 1644London: printed for Iohn Field, 1644
Title page typeset from the transcription.
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
11. The special ground of Royalists is to make the King the absolute supreme,1 giving all life and power to the Parliament and States, and of mere grace convening them. So Ferne, the Author of Ossorianum, p. 69. but this ground is false, because the Kings power is fiduciary, and put in his hand upon trust, and must be ministerial, and borrowed from these who put him in trust, and so his ⟨p. 178⟩power must be less, and derived from the Parliament: but the Parliament hath no power in trust from the King, because the time was, when the man who is the King, had no power, and the Parliament had the same power that they now have; and now when the King hath received power from them, they have the whole power that they had before. That is, to make Laws, and resigned no power to the King, but to execute Laws, and his convening of them is an Act of Royal Duty, which he oweth to the Parliament by virtue of his Office, and is not an act of grace, for an act of grace is an act of free Will, and what the King doth of free Will, he may not do, and so he may never convene a Parliament. But when David, Solomon, Asa, Hezekiah, Jehoshaphat, Achas convened Parliaments, they convened Parliaments as Kings, and so Ex debito & virtute officii, out of debt and Royal Obligation, and if the King as the King, be Lex animata, a breathing and living Law, the King as King must do by obligation of Law, what he doth as King, and not from spontaneous and Arbitrary grace. 2. If the Scripture holds forth to us a King in Israel, and two Princes and Elders who made the King, and had power of life and death, as we have seen; then is there in Israel Monarchy tempered with Aristocracy; and if there were Elders and Rulers in every City, as the Scripture saith, here was also Aristocracy and Democracy. And for the warrant of the power of the Estates I appeal to Jurists, and to approved Authors. Argu. l. aliud. 160. §. 1. De Jur. Reg. l. 22. Mortuo de fidei. l. 11.14. ad Mum. l. 3.1.4. Sigonius De Rep. Judaeor. l. 6. c. 7. Cornelius Bertramo, c. 12. Junius Brutus Vindic. contra. Tyrant. §. 2. Author Libelli de jur Magistrat. in subd. q. 6. Althus. Politic. c. 18. Calvin Institut. l. 4. c. 20. Pareus Comment. in Rom. 13. Pet. Martyr in Lib. Judic. c. 3. Joan. Marianus de rege Lib. 1. c. 7. Hottoman de jure Antiq. Regni Gallici l. 1. c. 12. Buchanan De jure Regni apud Scotos.